والئی سوات کے قانونی حکم ناموں کا تاریخی ،تعارفی و شرعی جائزہ: Legal Verdicts of Wali Swat and Sharī’ah- Was there a Connection? A Realistic Historical Jurisprudential Approach
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ID: 310943
2022
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Abstract
In every age, history witnessed a unique lego-political system in various parts of the world. Swat, being a famous part of this planet, had seen the same. The legal system of this part, at the time of Wali Swat, was based, according to some legal historian, on both religious and cultural norms – the two factors which mostly form the legal system of every civilized nation. However, some renowned experts of historical jurisprudence had a contradictory opinion. The present work aimed to find out whether the legal codes, prevailing at that time, was based on the principles of Sharī’ah (Islamic law) or that was based on conventional law. To investigate the issue in a critical way, Hukam Namī (legal verdicts) of that particular time had collected from various authentic and reliable sources. Following this, such legal verdicts were then studied in the light of Islamic law. While doing so, the work of both classical and contemporary Muslim jurists (Fuqahā) had resorted. The work of the Hanafī jurists had cited more comparatively to the work of other schools of interpretation – owing to the fact that previous had been followed by the people of this region. Finding showed that the legal verdicts of Wail Swat were mainly based on the principles of Sharī’ah. However, cultural norms and traditions had also been inculcated in the legal spectrum of that time- though to very little extent. Content analysis technique, one of the most important research tools in qualitative research, had been followed for the investigation of the issue.
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| Authors | Lutfullah Saqib |
| Journal | Pakistan Journal of Islamic Research |
| Year | 2022 |
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| Keywords | Keywords not found |
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